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Indigenous federations from Peru et al. (FEDIQUEP, FECONACOR, OPIKAFPE, ACODECOSPAT, Peru Equidad, SOMO, Oxfam Peru, Oxfam Novib) & Pluspetrol Resources Corporation B.V.
Lead NCPNetherlands
Supporting NCP(s)Peru
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)General policies, Disclosure, Taxation
Date9 Mar 2020
Host country(ies)Peru
SourceNGO, Other interested parties
Industry sectorMining and quarrying
StatusIn progress
Summary

Read the Initial Asessment published by the NCP on 20 April 2021: English


On 9 March 2020, Indigenous federations from Peru et al. (FEDIQUEP, FECONACOR, OPIKAFPE, ACODECOSPAT, Peru Equidad, SOMO, Oxfam Peru, Oxfam Novib) submitted a specific instance to the Netherlands NCP alleging that Pluspetrol Resources Corporation B.V., an oil and gas exploration company headquartered in the Netherlands, had not observed the General Policies (Chapter II), Disclosure (Chapter III), and Taxation (XI) provisions of the Guidelines. Specifically, alleged issues relate to the company a) failing to conduct environmental due diligence, b) failing to conduct human rights due diligence, c) using artificial tax avoidance structures and strategies, d) failing to disclose material information about its corporate structure and operations.

According to the submitters, the company’s failure to follow the Guidelines resulted in the contamination of 1,963 sites leading to serious environmental impacts linked to adverse health impacts in local indigenous populations. The submitting parties entered the process seeking accountability and remediation for the environmental degradation and sufficient funds to ensure remediation of all contaminated sites.

On 20 April 2021, the NCP published an initial assessment deciding that the issues raised merited further examination. The NCP moved to offer its good offices which the submitters accepted and the enterprise did not. The NCP will move to examine the issues raised and may provide recommendations to be publised in a final statement on the NCP’s website.